Chapters 1-10

Economic growth depends "in particular on the rule of law" which is a "lodestar for all countries". Why?

rule of law nations adopt laws supporting the private market b/c it's in everyone's interest, including the lawmakers.

So significant is the role of judges in the US that they determine the meaning of the constitution and can declare void the legislation of congress and the acts of the president. This shows that our legal system is based on?

common law

What law covers the legal principles that apply to government agencies, bureaus, boards or commissions?

Administrative law

In most criminal cases, an arrest can be made only based on probable cause and requires the officer to read out the Miranda rights to the criminal suspect before the arrest is made. This is an example of?

procedural law

Federal law and business leaders alike favor ____ as a means of governing private business ethics.

self regulation by companies

What's the best definition of ethics?

ethics is a formal system for deciding what is right and wrong and for justifying moral decisions

Which is not an ethical rule of legal regulation? A) respect for liberty and rights of others B) exercising due care C) you are your brother's keeper D) acting in good faith E) avoiding conflicts of interest

C) you are you brother's keeper

Who does not have a duty of confidentiality? A) attorney B) real estate broker C) physician D) mechanic

D) mechanic

When is there a conflict of interest?

an agent working for a competitor of the agents principal

Which amendments guarantee the right to a jury trial

sixth and seventh

The attorney- client privilege extends to:

communications made to the lawyers employees

Most lawsuits begin at the _____ level.

trial court

What refers to the power of a court to hear a case?

jurisdiction

A corporations "citizenship" is recognized by the courts as:

the state in which it maintains its principal place of business

In order to hear a case, a court requires

subject matter jurisdiction

Eli from New York wants to sue Tony from Texas for a civil incident that happened in NY. The court must find that:

tony entered into a contract or transacted business that is the subject matter of the law suit in NY

After a complaint is filed, the first thing the defendant must file is the:

answer

A lawsuit that is totally lacking in merit is called

frivolous

Once the court's decision is final, the decision is conclusive as to all issues between the parties. This is called

res judicata

What is true of the use of ADR techniques?

disputing parties can agree to use an ADR technique after the dispute arises

What is true of arbitration?

The decisions are binding on the parties

In which case will courts most likely use judicial review to change the awards of voluntary arbitration?

The decision violates a positive mandate of the law

The difference between a mediator and an arbitrator is:

an arbitrator can force a binding solution on both parties

What creates the congress, presidency and VP, and the supreme court of the US?

US Constitution

When laws are not consistent, which is given first priority?

Constitution

Snow Crystals inc, a skate park company built one in alaska. Later, they were going to build a bridge on this land. What should be applied to allow snow crystals avail justice?

contract clause

What is true about freedom of speech?

it covers both verbal and written communications

What cases involve whether proper notice has been given and a proper hearing has been conducted?

due process clause

Mike has a car accident and Maria saves his life. Mike gives Maria a life estate in one of the homes he owns. Maria gives the property to her sister. Her sister owns the property until:

Maria dies

What most accurately describes dirt in your neighbors wheelbarrow?

The dirt is personal property

Willie gave Madonna a gold necklace for her bday. The next day they break up. He commits suicide. Can Willie's estate get the necklace back?

No because he intended to make the gift, delivered it, and she accepted.

Brothers Wayne and Garth still live with their parents. On their 45th bdays, they are told that they must move out within 60 days.

Because their parents permitted them to stay in the house for over 20 years, they must move out.

Fred takes Betty to dinner at a very expensive restaurant. The prices are not on the menu. They order then enjoy their food. When the bill comes he refuses to pay.

Fred must pay based on an implied-in-fact contract theory

Mayra offers to sell her home for "about 100,000$ plus closing costs". Hanna accepts the offer but later a dispute arises concerning the cost. How will a court resolve this?

The court will declare the purchase price and terms too indefinite to create a binding contract.

Brett offers to sell his old cell phone to James for $65. James says he will buy it for $60. James made a:

counter offer

Josh's dog has run away so he puts up posters offering $500 for anyone who returns her. Amanda brings the dog back without ever seeing a poster. Later Amanda returns and wants to claim the money. What is true of this situation?

Amanda is entitled to the money since performance of the requested act in the poster indicates acceptance.

Barney takes his wife to a porche dealership and tells her to pick out whatever for her bday. She chose a car. Barney died that night. The next day she returns to pick up the car they refuse to give it to her because only Barney signed the contract.

Betty is entitled to the car as a donee beneficiary

If a word of a term in a written contract has _______, particular to the industry which the parties belong, the court will give that word or term that meaning.

a trade usage

In a situation where a buyer and a seller have not mentioned details about delivery, which of the following can be applied?

the buyer will have to make arrangements to pick up the goods at the location the seller designates.

Finishing the construction of a home two days after the contract called for completion most likely will be considered?

substantial performance

Great year Tires orders 50 tons of rubber from a Bill, a rubber broker. The broker has a number of rubber plantations that it can deal with but does almost all of its business with Ritchie's Rubber Farm. The delivery of the rubber is due on September 1st. On August 1st, a fire destroys Ritchie's Rubber Farm.

Bills performance will not be excused if obtaining rubber from another plantation is reasonable and possible.

Daniel's failure to deliver ice-cream makers and waffle makers on time, resulted in a two-week delay in the opening of Sheena's new ice-cream parlor. Sheena incurred a heavy loss since she had to pay the rent for those two weeks, as well as salaries to the personnel hired. Which of the following damages can Sheena claim from Daniel for breach of contract?

consequential damages

What is true of tort law?

it sets limits on how people can act and use their resources

Many advertisers and marketers have been required to pay damages to individuals when pictures of them have been used without authorization to promote products. In this situation, which of the following torts was committed by the advertisers and marketers?

invasion of privacy

Mega-mart suspects Roberta of shoplifting, solely because she is dressed differently than their typical customer, so store officials detain her. They find nothing improper in Roberta's belongings. Roberta most likely will file a ________ lawsuit against Mega-store.